Warrantless Arrest Search And Seizure

Front 1

The authority to arrest, without a warrant is entirely________ an officer, good faith does not justify an invalid arrest. Any officer who acts outside his authority, making a warrantless arrest, may be subject to both civil and criminal liability.

Back 1

Statutory

Front 2

An officer makes a warrantless arrest only if he has enough_______ or reliable information to constitute probable cause upon which arrest warrant, could be issued if time permitted

Back 2

Personal knowledge

Front 3

Officers exercise________ in the use of their authority to arrest without without a warrant

Back 3

Discretion

Front 4

Where in arrest may be lawfully made, without a warrant and officer, making an arrest, is justified in adopting all the measures, which might adopt in cases of an arrest under a warrant except the officer, making the arrest without a warrant, may not enter a residence to make the arrest, unless:

Back 4

A person who resides in the residence consents to the entry or

Exigent circumstances require the officer, making the arrest, enter the residence, without the consent of a resident or without a warrant

Front 5

Probable cause exists when an officer has reason to believe through personal knowledge or reliable information

Back 5

A person has committed a crime

Front 6

When immediate action is required, an officer may make an arrest, even though he is unable to determine the particular offense which has been committed, there may be a difference in the reason for arrest, and the charge to be filed in officer is not required to know all legal matters involved in determining with which offense the offender

Back 6

Is to be charged

Front 7

An Officer, making an arrest at the request of another officer is entitled to rely on radio broadcast information and assume the officer requesting the arrest has probable cause for the arrest

Back 7

When one officer makes an arrest at this request of another officer it’s validity is determined by whether the information known to the requesting officer is sufficient to establish probable cause

Front 8

When information from an informant is necessary to establish probable cause an officer:

Back 8

Explains his reason for believing the informant to be reliable, and the underlying circumstances from which the informant concluded the office was committed, and a particular person committed the offense

An officer seeks some confirmation of the information he receives from a victim or witness

An officer determines the victim or witness, was able to observe, and remember what happened

Directly observable results of an offense can serve as partial confirmation of the commission of the office and

When the circumstances suggest the victims or witnesses, allegations may be untrue in officer, investigates further before making an arrest, even though probable cause exist The more doubt in Officer has about the victims or witnesses, veracity, sincerity or ability to perceive the more he needs to confirm the information

Front 9

Under certain circumstances, in misdemeanor cases for good cause, consistent with public interest in Officer may decide not to arrest, even though probable cause exist factors which the officer may properly consider in, determining not to arrest, or as follows

Back 9

The victim must positively state. He is not interested in prosecuting the offender because.

He desires, restitution only

He is in a continuing relationship with the offender

He is in a family type relationship with the offender

The actual injury done to persons or damage done to property is minimal

The offender can be released to custody of another agency which specializes in handling the type of case in which he is involved

The arrest would result in greater harm to the victim than would non-arrest

Front 10

When the offense is a felony and circumstances of selective enforcement exist. The officer has the victim and the offender accompany him to headquarters to contact the investigative unit normally assigned to investigate the particular offense.

Back 10

If this occurs from 1900-0500 hours the night CID unit is contacted

The investigative supervisor determines whether the offender is booked or released. If the offender is released, SAPD form 29 complaint waiver is signed by the victim and approved by the investigative unit supervisor

Front 11

An Officer may, in order to avoid the use of force

Back 11

Delay, making an arrest until a more appropriate time. If by doing, he does not jeopardize the eventual arrest.

Front 12

An officer obtains a warrant, if a misdemeanor is committed in his presence or View, and

Back 12

He does not arrest at the time the offense is committed

Front 13

An Officer obtains a warrant, if a felony is committed in his presence or View, and he does not arrest the offender as quickly as is reasonably possible under the circumstances

Back 13

Delay is reasonable when it avoids the necessity of overcoming resistance by the offender, and when it is necessary for the safety of the officers or others

Front 14

An officer who has reasonable time and opportunity to obtain an arrest warrant

Back 14

Should always do so in accordance with GM procedure 503 obtaining and executing arrest warrants

Front 15

An officer obtains an arrest warrant, when the offender is committing a continuing offense, and the facts Establishing probable cause are known to the officer over a period of time

Back 15

In all cases where an officer has knowledge of a continuing offense, a warrant of arrest is obtained

Front 16

An officer obtains a warrant for a felony or breach of peace, committed out of his presence or View, whenever he has reasonable time and opportunity to procure one such action is unnecessary when obtaining a warrant, would result in:

Back 16

The loss or destruction of evidence

The escape of the offender or

Bodily injury to the officer or others

Front 17

Officers shall under normal circumstances, inform persons about to be arrested of the following:

Back 17

The officers intention to take the person into custody

The reason for the arrest

The authority for the arrest and

The person’s rights as per the Miranda warning

Front 18

When an arrest situation makes it impractical to inform a person of an impending arrest. Officers are not required to provide arrest information situations where it would be impractical or unnecessary to provide a rest information include.:

Back 18

When the person is in the act of committing the offense

When the person is fleeing from the scene of the crime

When the officer or others would be endangered, or

When the arrest would be imperiled

Front 19

When not in uniform, and Officer Displays his identification, and identifies himself as a police officer as soon as:

Back 19

The situation permits

Front 20

Officers read SAPD form 66E rights, warning, to offenders taken into custody, including juveniles

Back 20

Prior to questioning regarding the offense, for which they are arrested

Front 21

Officers, take all persons arrested

Back 21

Before a magistrate

Front 22

A consent search is a warrantless search, and it occurs when

Back 22

A person voluntarily allows a police officer to search his body premises or belongings

Front 23

Consent is not voluntary if it is obtained by

Back 23

Threat

Force

Or by falsely, claiming the search can be conducted without consent

Front 24

Consent is not voluntary if it is obtained by

Back 24

Threat

Force

Or by falsely, claiming the search can be conducted without consent

Front 25

Upon giving consent to search the consenting person relinquishes

Back 25

Any right to object to a search on constitutional grounds

Front 26

Officers, prior to conducting a search by consent

Back 26

Will complete and have the consenting person signed SAPD form 2091 a consent for search of private premises

Front 27

An officer may frisk a person for weapons at any time, without a warrant, if the officer has reason to fear for his______

Back 27

Safety

Front 28

The officer must be able to explain why the person was frisked the officer need not point to one thing that would justify the frisk, but should refer to several things, each of which, when taking alone may seem harmless, but when considered together by an officer who is trained, or experienced in dealing with criminal suspects

Back 28

Rises a reasonable suspicion the person poses a threat to officers safety

Front 29

A vehicle stopped on public property by police officer may be searched without a warrant, if

Back 29

The police officer has probable caused to believe the vehicle contains items subject to seizure

The item subject to seizure must be connected with criminal activity

The officers determination of probable cause must be based on objective facts that could justify the issuance of a search warrant by a judge or magistrate

Front 30

Well, at a crime scene officers may seize any evidence fruits of the crime for contraband that falls

Back 30

Within the scope of the Plainview doctrine

Front 31

Officers may conduct a quick and limited protective, sweep search for the safety of others and persons in the area

Back 31

The protective sweeper may be made when an officer reasonably believes the area harbors in individual posing a danger to those at the scene

Officers may conduct a limited frisk search of a person for weapons at a crime scene if there are articulable facts, indicating a person may be armed

Officers may also make a limited search of persons at a crime scene. If there are articulable facts, a person may be about to destroy evidence.

Front 32

In the absence of the Plainview doctrine, or exigent circumstances

Back 32

Officers shall obtain a warrant to search a crime scene

Front 33

A search warrant is not necessary if a crime scene is

Back 33

Located in a public place

Front 34

If exigent circumstances exist, the search weren’t requirement is________

Back 34

Dispensed

Front 35

If exigent circumstances exist, the search weren’t requirement is________

Back 35

Dispensed

Front 36

Under exigent circumstances, officers may search persons property or containers, they believe possesses, or contains some

Back 36

Immediately dangerous weapon or instrument

Front 37

In situations where the public is in danger, officers may conduct a search of persons, places, or things, without a warrant, if

Back 37

There would not be a reasonable amount of time to obtain a warrant

Front 38

An inventory search of an impounded or seized vehicle, may be conducted without a warrant in accordance with procedure 607 impounding vehicles the inventory search is an administrative procedure intended to inventory and secure the contents in a vehicle the inventory procedure is intended to protect the following:

Back 38

The owners property, while they remains in police custody

The police against claims or disputes over lost stolen or vandalized property, and

The police and others from potential danger

If criminal evidence, contraband, or other properties, subject to seizure, is discovered during the inventory of a vehicle. There must be a valid administrative reason for the inventory for the property to be admissible in court.

Front 39

Any property or items listed in the Texas code of criminal procedure that could be seized with a search warrant, maybe seized without a search warrant under the Plainview doctrine, if an officer:

Back 39

Recognizes the property or item as seizable property or items

Has a legal right to be in position to view the property or items

Does not intrude on any persons, reasonable, expectation of privacy to seize the property or items

If the property or items are in a place, the officer cannot legally enter without a warrant or consent. The property or items cannot be seized without a warrant, unless there is danger of imminent destruction, or removal of the property.